Q&A: Are you allowed to live in your NSW Strata Garage?

LookUpStrata reader wanted to know what can be done about tenants who use the garage of their strata unit in NSW as a spare bedroom, and wondered whether this was even legal.

In summary, our response was that a garage is not deemed a “habitable” area and therefore, in all likelihood, the tenants are in breach of Local Council regulations.

A by-law might be a useful tool to highlight to such tenants that they are in breach of Council regulations (and that way you can enforce the by-law through a Notice of Breach and/or take action through Council to issue an order etc).

We also recommend that you check the certificate of title to determine whether or not the garages are identified as a utility lot, as this will further help determine the legality.

You can read our detailed response here.


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